Texas House Bill HB865

Texas 2021 - 87th Regular

Caption

Relating to spousal maintenance.

Impact

The proposed changes in HB 865 could significantly affect how spousal maintenance is calculated in Texas, particularly emphasizing the responsibility of spouses to attain economic self-sufficiency. By allowing courts to take into account a spouse's intentional unemployment or underemployment, it aims to discourage individuals from manipulating their earning potential solely to gain financial support post-divorce. This legislative intent seeks to foster an environment where both parties are encouraged to contribute to their financial independence, hence promoting fairness and equity in spousal support matters.

Summary

House Bill 865 amends provisions related to spousal maintenance in Texas, focusing on the factors that courts consider when determining the eligibility and amount of maintenance for a spouse. Key aspects of the bill include clarifying how courts assess a spouse's ability to provide for their minimum reasonable needs, with considerations given to each spouse's financial resources at the time of dissolution. The bill introduces specific factors that judges must weigh, such as education, employment history, and potential earning capabilities, as well as any instances of intentional unemployment or underemployment.

Contention

While supporters argue that HB 865 will improve the clarity and consistency of maintenance determinations, critics may raise concerns regarding the potential for punitive measures against spouses who might struggle with employment due to legitimate circumstances, such as caregiving responsibilities or health issues. The bill's implications for veterans, in particular, could be a point of contention; with provisions that recognize income benefits and military service, stakeholders will need to ensure that the legislation does not inadvertently disadvantage this group in maintenance determinations.